What about the constitutional rights of volunteers and draftees?
Defense Secretary Lloyd Austin said all military personnel were required to get the COVID-19 vaccine once the Food and Drug Administration gave its full approval.
A vaccine mandate raised the question of whether volunteers and draftees should forsake their constitutional rights when they’re being sworn in to the military to protect the Constitution.
The scenario that led to that question began when President Biden’s Defense Secretary Lloyd Austin, after ironically testing positive for COVID despite his being fully vaccinated, wrote that military personnel were required to be vaccinated once the Federal Food and Drug Administration gave “full approval.”
Has the secretary’s condition of an FDA “full approval” been met? A Freedom of Information Act request for the unpublished studies listed to support the FDA approval of Moderna’s COVID-19 vaccinations was, in the still of the night, deleted from the FDA website. In those studies, the risk of myocarditis (heart inflation) was estimated by the Head of the Center for Disease Control (CDC) as 10.7 cases per million for adult males between 18-24 while other studies estimated 148 cases. Indeed, British research found heart inflammation higher after Moderna’s second shot than in those with COVID-19.
Other serious adverse events were also downplayed.
For example, the day after my second Pfizer shot, I developed symptoms that were diagnosed with pneumonia. Did FDA’s expert vaccine advisory panel give “full approval” of this vaccine? “No” as that panel was not even convened before the FDA’s approval.
What about Pfizer’s vaccine? An FOIA request for the details of the FDA’s approval process led to the FDA agreeing to produce 500 pages a month of the 450,000 pages with a completion date of 2097.
Federal Judge Mark Pitman ordered that they produce them at a rate of 55,000 pages a month for completion by the end of summer 2022. Perhaps then we will be able to determine if Secretary Austin’s conditions of “full approval” were validly met.
Meanwhile Federal Judge Reed O’Connor issued an injunction prohibiting the Navy’s discharging 29 SEALs for refusing to be vaccinated by holding that “There is no COVID-19 exception to the First Amendment.” For example, a Navy captain/chaplain/pastor was thrilled when his application for a religious exemption was granted by two levels of command — before being rejected “at the top” by a letter from Vice Admiral Nowell, who wants race to be part of the requirements for promotions.
“At the top” is President Joe Biden’s Secretary of the Navy Carlos Del Toro. The chaplain’s appeal is pending based on the Navy’s rejecting not only his request but thousands of similar requests without stating a reason.
The Marines granting three requests without any explanation caused the chaplain to say, “They are picking and choosing which religion is valid and whose constitutional rights under the First Amendment will be honored and whose will not.” Judge O’Connor agreed, holding that “There is no military exclusion from our Constitution.”
The Navy chaplain said he “believes service members are being used as ‘test subjects’ with a vaccine that is still being studied” and that “I honestly believe that the push for 100% vaccination … looks like a control group …a set of test subjects that can’t say no.”
Is he correct? Consider the average number of cases reported by the Department of Defense’s Defense Medical Epidemiology Database.
Between 2016-2020, there were 2,200 female fertility cases. In 2021, after the COVID-19 vaccine, there were 10,712.
Between 2016-2020, there were 26 to 39 esophageal cancer cases. The number rose to 10,712 in 2021 after the COVID-19 vaccine.
Four hundred cases of Bell’s Palsy were reported from 2016 to 2020. In 2021, after the vaccine, the number was 1,300.
Between 2016-2020, there were 400 HIV-positive cases. In 2021, after the vaccine, the number rose to 1,300.
Miscarriages numbered from 1,400 to 1,500 in 2016-2020. That number rose to more than 4,000 in 2021 after the vaccine.
The number of anxiety cases was between 500 to 900 in 2016-2020. In 2021, after the vaccine, the number was 4,068.
The number of myocarditis cases was 176 in 2016-2020. In 2021, after the vaccine, the number decreased 70% — after being deleted from the record.
Michael Yeadon, a former Pfizer vice president and chief scientist for allergy and respiratory research, warned of these results with the words: “We detailed a series of mechanistic toxicology concerns that we believed were reasonable to hold, unless and until proven not to occur.”
Mr. Yeadon also said, “Among those was the adverse impact on conception and ability to sustain a pregnancy were foreseeable.”
“It is important to note that none of these gene-based agents had completed what is known as ‘reproductive toxicology’,” indicating the increases in the number of cases involving “female fertility” and “miscarriages” were predictable and therefore preventable, he said.
The deletion of data on myocarditis is concerning to me and all other heart patients. The military’s own DMED data supports Mr. Yeadon’s warnings. What happened to following the science?
According to Mr. Yeadon “Over a year later, this battery of tests in animals still had not been done.”
Why not? Why isn’t Dr. Anthony Fauci, President Joe Biden’s chief medical adviser, having the infectious disease division within the National Institutes of Health conduct these tests instead of the effects of cocaine on dogs or studying transgender monkeys?
Instead, is the chaplain correct the administration is using the military as a “control group” for the vaccine on human HIV, female fertility, miscarriages, Bell’s Palsy, Esophageal cancer, myocarditis and anxiety? Why is there not only no support for treatments but the government is limiting the distribution of those created by others?
Court martials under the Uniform Code of Military Justice should be interesting as the court martial held that Lt. William Lewis Calley should not follow an order if he should have considered it unlawful based on his rank, education, training and experience in the Army. Based on this criterion: Shouldn’t Secretaries Austin and Toro know as much about the vaccine mandate order as the chaplain or Judge O’Connor?
The actions of the Biden administration raise the question of whether Americans forsake all constitutional rights when taking the military oath to protect the constitution.
Brent E. Zepke is an attorney, arbitrator and author who lives in Santa Barbara. Formerly he taught at six universities and numerous professional conferences. He is the author of six books: “One Heart-Two Lives,” “Legal Guide to Human Resources,” “Business Statistics,” “Labor Law,” “Products and the Consumer” and “Law for Non-Lawyers.”
